Vaniyambadi Cooperative Marketing Society Ltd v. The Deputy Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.Nos.3091 & 3093 of 2025 Vaniyambadi Cooperative Marketing Society Ltd Represented by its General Manager Thiru.R.Rajkumar Thirualluvar Nagar, Bypass Road Vaniyambadi Tirupathur District 635 752.
... Petitioner Vs.
1.The Deputy Director Employees State Insurance Corporation No.143, Sterling Road Chennai 34.
2.The Recovery Officer Employees State Insurance Corporation No.143, Sterling Road Chennai 34.
3.The Branch Manager State Bank of India 371, CL Rd, Khaderpet Vaniyambadi Tirupathur District 635 751.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the proceedings of the second respondent in TN/RECY/45G/51000236070001002/CCR-2596078495 dated 03.09.2024 and quash the same. For Petitioner : Mr.S.Sairaman For Respondents : Ms.Shubharanjani Ananth for R1 & R2
ORDER
Mr.Shubharajani Ananth, learned counsel takes notice for the respondents 1 & 2.
2. This Writ Petition is filed aggrieved by the order dated 03.09.2024 which are in the nature of recovery proceedings taken by the respondents. It is seen that as against the original order already the petitioner Management has filed an appeal and when the appeal was dismissed, the management has preferred WP.No.979 of 2022 which is said to be pending. 2/6
Pending the Writ Petition, it is for the management to seek such interim relief. If there is no interim order, naturally the respondents will proceed further.
3. Even at that time of moving the Writ Petition if there was not any imminent necessity and now the recovery proceedings are issued it would be very much open to the petitioner management to file such an interim application in the pending Writ Petition and this second Writ Petition is uncalled for and amount to multiplicity of proceedings.
4. In view thereof, giving liberty to the petitioner management to move such interim relief in the said pending Writ Petition and this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
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To 1.The Deputy Director Employees State Insurance Corporation No.143, Sterling Road Chennai 34.
2.The Recovery Officer Employees State Insurance Corporation No.143, Sterling Road Chennai 34.
3.The Branch Manager State Bank of India 371, CL Rd, Khaderpet Vaniyambadi Tirupathur District 635 751.
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D.BHARATHA CHAKRAVARTHY , J.
dna and WMP.Nos.3091 & 3093 of 2025 5/6
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